PACHIAPPAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) This Habeas Corpus petition has been filed by the detenu himself praying to call for the records leading to the detention of the petitioner under Act 14/82 by detention order dated 10.11.2003 on the file of the second respondent made in D.O.No.73/2003-C2 and quash the same and consequently, direct the respondents herein to produce the body and person of the petitioner before the Court and set him at liberty.

(2.) The detenu has been taken into custody on preventive detention branding him as a bootlegger by the detaining authority on being satisfied with all the adverse and ground cases registered against him. In fact, thirteen cases have been registered which are shown as adverse cases and in all those thirteen cases, he was convicted. They are all similar in nature of the ground case and therefore the detaining authority having become satisfied himself would come forward to allege that it is dangerous for the public order, if the detenu is not taken into preventive detention and hence, the detention order.

(3.) Today, when the H.C.P. was taken up for consideration in the presence of learned counsel appearing on behalf of the petitioner and learned Government Advocate, a specific point would be raised on the part of the learned counsel for the petitioner to the effect that the detenu has made a representation dated 9.12.2003 to the Government in which he sought for certain clarifications which are vital concerning his preventive detention and the same has not at all been clarified by the Government and therefore, the inaction on the part of the Government would only give way for vitiating the order of detention.